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08/24/93 STEVEN RALPH MATLOCK v. STATE MISSOURI

August 24, 1993

STEVEN RALPH MATLOCK, DEFENDANT-MOVANT,
v.
STATE OF MISSOURI, PLAINTIFF-RESPONDENT.



Appeal from the Circuit Court of Scotland County. Honorable E. Richard Weber.

William H. Crandall, Jr., Presiding Judge, James R. Reinhard, Judge and Robert E. Crist, Judge: Concur.

The opinion of the court was delivered by: Crandall

Movant, Steven Ralph Matlock, appeals from the dismissal of his Rule 24.035 motion without an evidentiary hearing.

Movant was sentenced to imprisonment on his pleas of guilty to three felonies. He was delivered to the department of corrections on June 11, 1991. He did not file his Rule 24.035 motion until February 18, 1992.

Rule 24.035(b) provides that the motion shall be filed within ninety days after the movant is delivered to the department of corrections. Movant therefore had until September 10, 1991 to file his motion. Failure to do so constituted a complete waiver of any right to proceed under his motion for post-conviction relief. Rule 24.035(b), Day v. State, 770 S.W.2d 692, 694 (Mo. banc 1989).

The judgment of the motion court is affirmed.

William H. Crandall, Jr., Presiding Judge, James R. Reinhard, Judge and Robert E. Crist, Judge: CONCUR.

19930824

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